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Advisory Opinion

IECDB AO 2004-20

December 2, 2004

TO ALL INTERESTED PERSONS:

Pursuant to Iowa Code section 68B.32A(11) and
rule 351—1.2, the Iowa Ethics and Campaign Disclosure
Board issues this opinion on the use of e-mail by a prohibited
contributor. We note at the outset that the Board’s jurisdiction
is limited to the application of Iowa Code chapters 68A and
68B and rules in Iowa Administrative Code chapter 351.

OPINION:

Certain entities are prohibited from making
campaign contributions. The issue has been raised concerning
whether e-mail messages trigger these prohibitions.

Iowa Code section 68A.503 in pertinent part
states:

“…it is unlawful
for an insurance company, savings and loan association, bank,
credit union, or corporation…or an officer, agent, or
representative acting for such insurance company, savings and
loan association, bank, credit union, or corporation, to contribute
any money, property, labor, or thing of value, directly or indirectly…to
nominate, elect, or defeat a candidate for public office….”

Board rule 351—4.44(3) lists “long-distance
lines, computers…or communication systems” that
belong to a corporation, financial institution, or insurance
company from being used to expressly advocate the nomination,
election, or defeat of a candidate.1

The Board is of the opinion that the statute
and rule prohibit the use of e-mail sent from a computer belonging
to a corporation, financial institution, or insurance company
when the message expressly advocates the nomination, election,
or defeat of a candidate.2

Iowa Code section 68A.505 and the Board’s
rules in 351—Chapter 5 prohibit the use of public resources
for a political purpose.3
Specifically, rule 351—5.4(2)“d”
prohibits using public resources to “produce and distribute
communications that expressly advocate for or against candidate
or that expressly advocate for or against ballot issues.”

The Board believes that the statute and rule prohibit the use
of e-mails sent from a government computer that expressly advocate
for or against candidates or ballot issues. However, this does
not include messages that advocate for or against a candidate
for federal office.4

1Corporations, financial
institutions, and insurance companies are not prohibited from
using their resources to make contributions to expressly advocate
for or against ballot issues.2This prohibition would not apply to a certified “political
corporation” pursuant to rule 351—4.50.3This includes resources belonging to the executive
branch of state government, a county, city, public school, or
other political subdivision. 4The definition of “candidate” in both
the state campaign laws and the Board’s rules apply to individuals
seeking “state or local public office.”